It renders the suit not maintainable -- Once such misdescription is established, the Court cannot proceed to examine the merits of the case -- First Appellate Court was right in holding that..

A personal diary maintained by the complainant does not fall within the scope and protection of S.122 of the Evidence Act (S.128 of BSA, 2023) -- Such diary is not barred from being produced..

Where a minor who is a legal heir is not made a party to the proceedings, and no steps are taken to appoint a lawful guardian on his behalf, the minor cannot be expected to appear or raise o..

A co-owner who is in exclusive possession of a specific portion of joint property is entitled to seek protection against any interference by other co-sharers -- No co-sharer has the right t..

When a court returns a plaint due to lack of territorial jurisdiction, the suit must start afresh before the court having proper jurisdiction, even if both parties had already completed reco..

The District Registrar has no power to cancel a registered sale deed. The registering authority cannot decide disputed questions relating to civil rights of parties, as such determination fa..

Where a co-owner is in exclusive possession of a specific portion of jointly held land, such co-owner is entitled to seek interim injunction against interference by other co-sharers. No co-s..

An interlocutory injunction in guardianship proceedings cannot operate to completely exclude a natural parent from access to a minor child unless the material on record discloses prima facie..

Neither the Mediation Act, 2023, nor Section 89 of the Code of Civil Procedure confers power upon a court to refer parties to mediation without the consent of all parties. Mediation is funda..

A wife's independent income does not automatically disentitle her from permanent alimony under Section 25 of the Hindu Marriage Act. The provision is equitable in nature and aims to secure f..

A decree for specific performance is conditional in nature and imposes reciprocal obligations on the decree-holder. Failure to deposit the balance sale consideration within the time stipulat..

In a suit for specific performance, readiness and willingness of the plaintiff must be demonstrated from the date of the agreement to the date of the decree. Where a condition precedent unde..